Orange County Attorney for Qualified Domestic Relations Orders
In the event that you and your ex-spouse contributed to a retirement fund during your marriage, you may be entitled to receive a portion of those assets under a Qualified Domestic Relations Order, otherwise known as QDRO.
California law dictates that community assets, or those obtained during the marriage, be divided equally between the two spouses. This includes property such as homes and vehicles, assets such as the contents of a bank account or retirement fund, and even debt. Separate assets, or those acquired before the marriage, are not shared and are kept by the individual who owned the assets prior to the union.
What is a Qualified Domestic Relations Order?
A QDRO is a specific type of order that is drawn up during a divorce to provide instructions to the retirement plan administrator as to how the retirement plan should be divided between the two spouses.
A QDRO can cover a variety of types of retirement plans, including but not limited to:
- 401k plans
- profit sharing plans
- thrift plans
- and tax-sheltered annuities.
A QDRO is not necessary for IRA’s (individual retirement accounts) or any government retirement plan.
Without a QDRO, a retirement administrator may not be able to make payments to an individual other than the contributing spouse. This means, that without this special type of order, you may not be able to obtain your fair share of retirement benefits after a divorce if you do not have a properly completed and accurate QDRO.
How a Skilled California QDRO Attorney Can Help:
If you are in need of a qualified domestic relations order in order to secure your right to a portion of retirement benefits that were earned during the marriage, it is critical that you speak with an experienced California QDRO lawyer as quickly as possible. Should the final judgment of your divorce be issued without a QDRO, you will not be able to go back and obtain the benefits that are owed to you.
At OC Family Law & Divorce we understand the legal intricacies of qualified domestic relations orders and how they need to be executed in order to ensure that our clients have access to the funds that are rightfully theirs.
We will evaluate your case thoroughly and petition for access to all retirement funds that were contributed to during the marriage. We are dedicated to the success of your case, and we will work hard to advocate for your rights and best interests under California law.
Contact our seasoned attorneys today at (714)689-6042 to discuss your case.